Application

2 These Regulations apply to food and drink intended for human consumption and food intended to feed livestock, including agricultural crops used for those purposes. They also apply to the cultivation of plants.

PART 1Verification and Certification Bodies

Functions

3 For the purposes of these Regulations, conformity verification bodies are designated by the Agency to assess, recommend for accreditation and subsequently monitor certification bodies. Accredited certification bodies are responsible for the organic certification of agricultural products and organic product packaging and labelling certification.

Previously Accredited Certification Body

4 If a certification body was accredited by a conformity verification body prior to the coming into force of these Regulations, the accreditation issued by the conformity verification body shall be recognized as an accreditation issued by the Agency. The Agency shall provide the certification body with an accreditation number.

Application for Accreditation

5 A person who wishes to be accredited as a certification body shall apply for the accreditation in writing to a conformity verification body and undergo an assessment in accordance with ISO/IEC 17011 to verify

Accreditation

6 On the recommendation of a conformity verification body, the Agency shall accredit the applicant. The Agency shall provide the accredited certification body with an accreditation number.

Refusal

7 If the conformity verification body refuses to recommend the accreditation of the applicant, the conformity verification body shall send a notice to the applicant, by registered mail, stating the reasons for the decision and advising the applicant of their right to request that the Agency review the decision within 30 days after receipt of the notice. The conformity verification body shall also send a copy of the notice to the Agency.

Review

8 The Agency shall, on request, review the decision referred to in section 7 and, if the Agency decides to confirm the decision, it shall send a copy of its decision with reasons, in writing, to the applicant. If it does not confirm the decision, it shall accredit the applicant and provide the applicant with an accreditation number.

Suspension and Cancellation

9(1) Subject to subsection (2), on the recommendation made in a report of the conformity verification body, the Agency shall suspend the accreditation of a certification body if the certification body has not complied with any provision of the Act, these Regulations or ISO/IEC 17065.

(2) No accreditation shall be suspended unless the Agency has taken the following steps:

(a) it has notified the certification body that there are grounds for suspension;

(b) it has provided the certification body with a copy of the report that specifies the grounds for suspension, the required corrective measures and the period within which those measures must be implemented to avoid suspension; and

(c) it has notified the certification body of the suspension, if the certification body has failed or is unable to implement the required corrective measures within the period specified in the report referred to in paragraph (b).

(3) If the certification body has not implemented the required corrective measures or their implementation is not possible within the period specified in the report referred to in paragraph (2)(b), the certification body may obtain from the conformity verification body an extension of the period.

(4) The suspension remains in effect until the required corrective measures are implemented by the certification body and verified by the conformity verification body or until the cancellation of the accreditation.

(a) the application made under section 5 contains false or misleading information; or

(b) the certification body has not implemented the required corrective measures within 30 days following the day on which the accreditation was suspended or within any longer period allowed under subsection (3).

(6) No accreditation shall be cancelled unless the Agency has taken the following steps:

(a) it has advised the certification body of an opportunity to be heard, either orally or in writing, in respect of the cancellation, it has given the certification body that opportunity and it has rendered a decision that was unfavourable to the certification body; and

(b) it has sent a notice of the cancellation to the certification body and advised the certification body of its right to request that the Agency review the decision within 30 days after the receipt of the notice of cancellation.

Submission of Lists

10 In the case of a suspension or cancellation of its accreditation, the certification body shall provide the Agency, without delay, with a list of holders of certifications and a list of pending applications for certification.

PART 2Certification

Determination of Percentage of Organic Products

11 For the purpose of this Part and Part 3, the percentage of organic products contained in a multi-ingredient product shall be determined in accordance with CAN/CGSB 32.310.

Application for Organic Certification

12(1) A person who wishes to obtain an organic certification for an agricultural product shall apply to a certification body, subject to subsection (3), within 12 months before the day on which the product is expected to be marketed, in the form provided by the Agency and signed by the applicant.

(b) in the case of a multi-ingredient product, a statement setting out its composition and the percentage of organic products it contains;

(c) a statement naming the substances used in the production and processing of the agricultural product and describing the manner in which those substances are used; and

(d) a report setting out in detail the methods used in the production and processing of the agricultural product and the control mechanisms in place to ensure that those methods comply at all times with the requirements set out in CAN/CGSB 32.310.

(3) In the case of an initial application for an organic certification of a product set out in column 1 of Schedule 1, the application shall be filed within the time set out in column 2.